HOW CAN YOU DEFEND DRUNK DRIVERS?
A ‘legal technicality’ is a precious Constitutional guarantee when it is your freedom, reputation, driver’s license and insurance rates that are on the line.
Often remarks are made indicating that ‘drunk drivers’ should just be locked up and that it takes a slimy lawyer to try to get them off. That reaction is understandable from a purely emotional standpoint, but let’s dig a little deeper. The reason we have our court system is to determine if the laws are being followed AND to administer justice. It is the foundation of our nation. The police officer has a job – he arrests people who are suspected of committing crimes. At that point, the District Attorney (DA) assumes responsibility. The DA’s job is to determine if charges should be filed and to prosecute the case. If we stopped there we would have a form of kangaroo court – but we do not.
The person accused is entitled by law to have his day in court. The Defense Attorney is responsible for providing balance by fighting the overwhelming power of the government. There will be a judge who is supposed to be neutral (usually a former prosecutor) – a referee in effect. Then we have a jury composed of his ‘peers’. That is, the jury should represent people in the community who are similar to the accused person.
With these players in place, each has a job to do. The Prosecutor wants to convict and the Defense Attorney must protect his client and the U.S. and Texas Constitutions. The Defense Attorney demands that all laws and all procedures are followed. The evidence will be tested. Our Founding Fathers felt it was extremely important that innocent people not be convicted and this concern brought us to the formation of our current judicial system.
Without the objection of the Defense Attorney, illegal evidence could be introduced. Without the Defense Attorney, illegal interrogation by the police would be rampant. Without the Defense Attorney, police could arrest on just a hunch. Without the Defense Attorney, illegal home searches could take place — you get the idea.
The Defense Attorney, by doing his job, is defending the rights of EVERY citizen in the United States. He is standing for justice and you cannot have justice only for a certain group of people. Just as our laws are meant to apply equally to all people — justice is meant to apply equally to all people.
The authors of this book have dedicated countless hours away from their families to the journey to be counted among the best DWI trial attorneys in America. In order to understand the science of breath tests and blood tests science must be studied, books must be read and seminars must be paid for and attended. Relationships among the best DWI attorneys must be developed and maintained in order to help each other with trial strategies and new techniques to expose junk science in the courtroom.
It is a privilege and an honor to be counted among the best of the nation’s DWI Trial Warriors and we do not take our mission lightly. We thank you for taking the time to educate yourself about the issues that are affecting you and your fellow citizens at a dangerous time in the ever changing American Criminal Justice system.
The next time you say —-
“I have a right to speak freely”
“I can read what I want”
“My home cannot be searched without a warrant”
“I can worship in any manner I choose” —-
Realize that Defense Attorneys are fighting every day to protect these rights for you and for your family.
If you still question this logic, the following poem explains it most eloquently:
When the Nazis came for the communists,
I remained silent;
I was not a communist.
When they locked up the social democrats,
I remained silent;
I was not a social democrat.
When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
When they came for the Jews,
I did not speak out;
I was not a Jew.
When they came for me,
There was no one left to speak out.
PASTOR MARTIN NIEMOLLER
WHAT IS THIS BOOK ABOUT AND WHY SHOULD I READ IT?
Justice cannot be for one side alone, but must be for both.